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  1. #1
    Join Date
    Jul 2008
    Location
    Virginia Beach
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    16

    Question Paying Child Support when Out of Work Due to Illness

    My question involves child support in the State of: VA
    Last year I was diagnosed with Hodgkins Lymphoma and was only able to work less than 10% of my usual time. My pay went to almost nothing (just covering medical Benefits) My ex wife said not to worry about the child support and to worry about getting better. Now that I am better and have beat the cancer, she wants back child support from when I was not making any money. As of right now, with the money we are making and the shared custody, she would owe me 21.00 a month. I am not going after her for anything. Should she be able to come after (back child support from when I was medically unable to work?) Is there a clause that is you are unable to work you can have child suipport put on hold? I was physically unable to go to the court house to have any changes done or unable to afford to have an attorny do it.?????? A little help please!!!!

  2. #2

    Default Re: Paying Child Support when Out of Work Due to Illness

    I really don't have any answers for you except that you might want to seek out an attorney for this. You don't state what your court order says, or if you even have one in place. Glad to hear you're doing better though, and good luck.

  3. #3
    Join Date
    Jul 2008
    Location
    Virginia Beach
    Posts
    16

    Default Re: Paying Child Support when Out of Work Due to Illness

    The court order states for me to pay 400 per month. That was an agreed amount by the two of us. Now income for both of us has changed and with the child support calculator, it says that she would owe me a miunte amount which I would not ask for. I cannot afford an attorney to fight this....She can (wow must really need the past child support if she can afford to put an attorny on retainer

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,897

    Default Re: Paying Child Support when Out of Work Due to Illness

    You should have sought a suspension or abatement of support when you were ill. Normally courts are not permitted to retroactively modify a support order - so normally any adjustment will only date back to the day you bring your petition for modification.

    Here's information on having your support case reviewed.

  5. #5
    Join Date
    Jul 2008
    Location
    Virginia Beach
    Posts
    16

    Default Re: Paying Child Support when Out of Work Due to Illness

    I couldnt go to the court to do anything about it. I was concentrating on getting well again. I brought the petition for modification when I was better (only going through radiation then) The child did not go without anything.

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Paying Child Support when Out of Work Due to Illness

    Quote Quoting kevinrthomas1
    View Post
    I couldnt go to the court to do anything about it. I was concentrating on getting well again. I brought the petition for modification when I was better (only going through radiation then) The child did not go without anything.
    Sadly the court is prohibited from retroactively modifying accrued arrears. The next time something happens, please don't listen to your ex, make sure to speak to an attorney first.

    The only way that you have any hope is if the Judge chooses to refuse to enforce payment of the arrears, but you really need an attorney to get that done.

  7. #7
    Join Date
    Jul 2008
    Location
    Virginia Beach
    Posts
    16

    Default Re: Paying Child Support when Out of Work Due to Illness

    what do I do if I cant afford an attorney? not bringing in an income for 6 months really put us in the hole.....

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Paying Child Support when Out of Work Due to Illness

    If you can't afford an attorney, follow the link Mr. Knowitall gave and read that information on modifying support.

  9. #9
    Join Date
    Jul 2008
    Location
    Virginia Beach
    Posts
    16

    Default Re: Paying Child Support when Out of Work Due to Illness

    I have all the information to move forward. I am not totally prepared for the arearrages part of it. I read something on a medical clause outside of your control. Is there such a thing or was it mis info on the internet

  10. #10
    Join Date
    Jul 2008
    Location
    Virginia Beach
    Posts
    16

    Default Re: Paying Child Support when Out of Work Due to Illness

    I have my patient record from my oncologist that says that I cannot work but 1-2 hours per day. I saw on the DSS page that if you dont have proof that you couldnt work, you have no chance. I have the statements from my oncologist that even were going to be used for my short term disability but that got denied because I picked up the policy to close to the diagnosis.

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